Victoria Boddy

Following a summary judgment motion where the defendants were largely successful, the parties settled the action and submitted a joint costs brief.

The defendants sought $32,014.17 in partial indemnity costs, while the plaintiff argued for $15,000, noting the defendants spent twice as much time and charged three times as much as the plaintiff.

The court found the defendants' time investment was generally reasonable given what was at stake, but acknowledged some overkill, ultimately fixing costs at $27,500 all-inclusive.

The plaintiffs brought a motion to amend their Statement of Claim to add several contractors as defendants in an action concerning construction defects in their home.

One proposed defendant, a roofing contractor, opposed the motion, arguing the limitation period had expired, the death of its sole employee caused irredeemable prejudice, and the claim for pure economic loss was not legally tenable.

The court granted the motion, finding that there was a genuine issue of fact regarding when the claim was discoverable, that the death of the employee did not cause non-compensable prejudice, and that the proposed amendments disclosed a legally tenable cause of action.